Administrative Justice in Italy

• Author: E. Silvestri
• Position: University of Pavia (Pavia, Italy)
• Pages: 67-69

BRICS LAW JOURNAL Volume III (2016) Issue 2

aDMInISTRaTIVE JuSTICE In ITaLY

ELISABETTA SILVESTRI,

University of Pavia (Pavia, Italy)

DOI: 10.21684/2412-2343-2016-3-2-67-79

This essay describes the organization of administrative courts in Italy, as a set of courts

distinguished from ordinary courts that deal with civil and commercial cases. Since the

19th century Italy has adopted a dual system of jurisdiction, and has never abandoned

the traditional criterion according to which ordinary jurisdiction and administrative

jurisdiction are established: this criterion, having regard to the entitlement claimed by

the plainti, is unique to Italy and, leaving aside its distinctiveness, it is quite enigmatic

and dicult to apply in practice. Reference is made to the procedure followed before

administrative courts, a procedure recently updated through the enactment of the Code

of Administrative Procedure.

Keywords: Regional Administrative Tribunals; Council of State; subjective rights;

legitimate interests; Code of administrative procedure.

Recommended citation: Elisabetta Silvestri, Administrative Justice in Italy, 3(2) BRICS

Law Journal 67–79 (2016).

Table of contents

1. Introduction

2. Administrative Justice Through the Lens of the Italian Constitution

3. The Code of Administrative Procedure

4. Legitimate Interests

5. The Jurisdiction of Administrative Courts

6. The Procedure before Administrative Courts: Some Basic Notions

7. Ordinary Courts and Public Entities

8. Administrative Remedies

9. Final Remarks